Hearing Board Meetings

The Air Pollution Control District Hearing Board (Hearing
Board) meets once or twice per month at the County of San Diego
Administration Center at 1600 Pacific Highway in downtown San Diego.
The Hearing
Board Calendar lists scheduled meetings and variance filing
deadlines. The Hearing Board Clerk posts a Current
Agenda approximately 3 days prior to each meeting. The District
also posts upcoming
hearings for variances permit appeals, and abatement orders.

Why have a Hearing Board?

An independent body of five
members appointed by the Air Pollution Control Board (County Board
of Supervisors), the Hearing Board hears requests from industry, the
District, and the public to:

Grant variances (temporary
enforcement relief) from District Rules to individual facilities or
products.

Issue an Abatement Order
requiring a facility operating in violation of District rules to
take specific actions or shut down.

Revoke a
District-issued permit.

What happens at a Hearing Board meeting?

Meetings resemble informal courtroom proceedings. The Hearing Board
listens to presentations by the District and by the applicant.
District staff may argue for or against the granting of a petition or
suggest certain conditions. Witnesses, who are placed under oath, may
be questioned by the opposing side and by Hearing Board members. The
public may also present information.

After receiving testimony in a public meeting, the Hearing Board
evaluates how the evidence applies to the required findings,
deliberates in public, and reaches a decision on the petition.

How do I Apply for a Variance or Appeal a Permit?

Once you realize you may need to apply for a variance or appeal a
permit, submit the petition forms with fees as soon as possible to the
Hearing Board Clerk, located at
1600 Pacific Highway, Room 402, San Diego, CA 92101. Information
provided in the petition should be clear, comprehensive, and concise.

How do I prepare for a Board meeting?

Use the District’s answer (for variances/permit appeals) or petition
(for abatement orders/permit revocations) as a guide to focus your
remarks. You may choose to have an attorney or technical expert
represent your facility at the meeting, although it is not required.

How do I speak at a Board meeting as a member of the public?

Members of the public may speak to
the Board on any matter within the Hearing Board’s jurisdiction.
Please provide the Clerk a speaker slip before the meeting begins. If
the matter relates to an agenda item, comments are taken during that
time; contact the Clerk before the meeting to review documents
submitted for an agenda item. If the matter is not listed on the
agenda the Hearing Board gives those present the opportunity to speak
during the Public Communication portion of the meeting.

What assistance does the Board provide for persons with disabilities?

Agendas and records are available in alternative formats upon
request. Contact the Clerk at (619) 531-5434 or (619) 531-4803 (TTY).
Assistive Listening Devices are available from the Clerk in Room 402
prior to the meeting and are to be returned at the end of the meeting.
Individuals requiring sign language interpreters should contact the
Americans with Disabilities Coordinator at (858) 505-6521, in advance
of the meeting so that arrangements may be made. An area in the front
of the chamber is designated for individuals requiring the use of
wheelchair or other accessible devices.

What happens after the meeting?

If you filed a petition, the Clerk will send you the official
Hearing Board Order after the Board approves the Order at its next meeting.

Review the Order to make sure you understand it. If you do not
comply with an Order, you may receive a Notice
of Violation and be subject to civil or criminal
penalties.

If your variance request is granted, the
conditions in the Order become the law during the variance period.
If you do not comply with those conditions, you may also be subject
to having your variance revoked or modified.

If you have
any questions about how to comply with an Order, contact the District Compliance Division. If
you believe that you cannot meet a condition in the Order or in any
accompanying Schedule of Increments of Progress, you may petition
the Board to modify the Order or Schedule of Increments of
Progress.

Need more information?

Compliance Division Contact

For general questions, please contact District Hearing Board
Representative by phone at (858) 586-2650 or by email. The District
Business Assistant can also assist you in completing the petition
forms. Please contact Eric Luther by phone at (858) 586-2656 or by email.

For procedural questions, please contact the Hearing Board Clerk,
who can be reached in person at 1600 Pacific Highway, Room 402, San
Diego, CA 92101, by phone at (619) 531-5434 or (619) 531-4803 (TTY),
or by fax to (619) 531-6098.

You may also contact the Compliance Division by phone at (858)
586-2650 Monday through Friday from 7:00 am through 5:00 pm or by email.